R v Annabelle (a pseudonym)

[2021] ACTSC 196

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v Annabelle (a pseudonym)
Citation:	[2021] ACTSC 196
Hearing Date:	17 August 2021
Decision Date:	17 August 2021
Before:	Burns J
Decision:	See [14]–[17]
Catchwords:	CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – unauthorised possession of prohibited weapon – taser – dealing with proceeds of crime – pleas of guilty – significant criminal history – Posttraumatic Stress Disorder – where offender has lengthy history of drug addiction – consideration of prospects for
rehabilitation
Legislation Cited:	Crimes Act 1900 (ACT) s 114C Prohibited Weapons Act 1996 (ACT) s 5
Parties:	The Queen (Crown) Kaelyn Annabelle (Offender)
Representation:	Counsel
K Marson (Crown) K Musgrove (Offender)
Solicitors
ACT Director of Public Prosecutions (Crown) Boxall Legal (Offender)
File Numbers:	SCC 113 of 2021; SCC 114 of 2021
BURNS J:

1. Kaelyn Annabelle, you appear before me today, 17 August 2021, for sentence with respect to two offences. The first is an offence of unauthorised possession of a prohibited weapon on 1 February 2020 (CC2020/3473) which is an offence contrary to s 5 of the Prohibited Weapons Act 1996 (ACT) for which the maximum penalty is five

years’ imprisonment, a fine of $80,000 or both. The second offence is one of dealing

with the proceeds of crime on 18 February 2020 (CC2020/3474) which is an offence contrary to s 114C of the Crimes Act 1900 (ACT) for which the maximum penalty is two

years’ imprisonment, a fine of $8,000 or both.

2.       You entered pleas of guilty on 12 May 2021 in the ACT Magistrates Court following representations which were made after several adjournments and the preparation of a brief of evidence. I accept that the pleas had significant utilitarian value and as such, I will reduce by approximately 20 per cent the otherwise appropriate sentences in order to reflect your pleas of guilty.

The facts

3.       On 1 February 2020, police attended the Hyatt Hotel in Canberra and located a bag containing drugs, scales and other drug paraphernalia and identifying documents in the name of your partner, Jaxon Mort (a pseudonym). Your partner was subsequently convicted of offences of trafficking in methylamphetamine and MDA arising out of the discovery of that bag.

4.       You were found at the Hyatt Hotel at that time in possession of an Audi motor vehicle. In the boot of that vehicle, police located a home-made Conducted Energy Weapon or Taser. You told police it was there before they searched the vehicle.

5.       On 18 February 2020, you purchased a Mercedes Benz motor vehicle from a dealer in Phillip for $22,000 cash. Both you and your partner were on Centrelink payments at that time. The Crown case is that the purchase monies were largely the product of the monies received by Mr Mort in drug dealing. There was some suggestion that some of the purchase funds were the result of gambling which you engaged in at that time. It is unlikely that any significant sum out of that $22,000 was the result of gambling. You had purchased another car with $21,500 cash on 23 November 2019. It is therefore unlikely that any large part of the cash used on 18 February 2020 was obtained by gambling.

6.       In relation to the prohibited weapon charge, I take into account that there was no evidence as to the severity of the charge that may be inflicted if that weapon were to be discharged. There was no evidence as to whether it was working or was, in fact, charged at the time.

7.       With regard to the proceeds of crime matter, I take into account that the sum involved, whilst not trivial, is not one of the larger sums that one often sees involved in this type of offending.

8.       I take into account your prior criminal history but only for the purpose of determining to what extent leniency may be shown to you because of that history. It is a significant criminal history involving a number of offences involving dishonesty as well as offences of a traffic nature. There is little by way of leniency to which you are entitled because of your prior criminal history.

Subjective features

9.       You are 35 years old. I accept that your childhood was marred by significant neglect and exposure to drug use, gambling and prostitution. You have been in a relationship with Mr Mort since you were 18 years old. The two of you have six children, one of whom died in infancy and the rest are in the care of extended family members. You have limited contact with your children.

10.     You have suffered multiple traumas in your life and in your relationship with Mr Mort. There has been violence inflicted upon you by him and there was also, as I have noted, the death of a child. In addition, your father suicided, and your brother died of a drug overdose. A report from psychologist Leesa Morris indicates that you have symptoms consistent with Posttraumatic Stress Disorder, complex and it was the opinion of Ms Morris that you used drug use and gambling as a means of avoiding the symptoms associated with that condition. You have a lengthy history of drug addiction starting from 16 years old.

11.     On the face of the material that has been put before me, and in particular the Pre- Sentence Report, it appears that you have not shown much commitment to drug rehabilitation. However, having read the psychologist's report, it is probable that your apparent lack of interest or commitment is connected to your Posttraumatic Stress Disorder. This also probably goes some way to explaining why you have remained in such a toxic relationship with Mr Mort for so long. I do note, however, there have been some positive signs. You have, in recent times, obtained employment and you have also placed your name, I am told, on the waiting list for a number of residential rehabilitation facilities.

12.     At this time, your partner is in prison. This has given you an opportunity to reflect on your life. I note that your attempt at rehabilitation in 2016 was only unsuccessful after you re-commenced your relationship with Mr Mort and then resumed drug use. Your prospects for rehabilitation at the present time must be seen as guarded. They undoubtedly would improve if you were to accept treatment for your Posttraumatic Stress Disorder and also your drug and gambling issues. They would also certainly improve if you were to maintain a distance from Mr Mort. Certainly also your prospects of being able to undertake a greater role in parenting your children will also be greatly enhanced if you are able to address those issues.

13.     Now I am told that you have some time before Mr Mort is released from prison. This is going to be your opportunity to think about what you need to do and, in particular, about how you are going to distance yourself because if you allow him back into your life there is nothing more certain than that you will relapse into drug abuse and you will be back into the same revolving door.

Sentence

14.     On the prohibited firearm charge (CC2020/3473), I record a conviction and you are

sentenced to seven months’ imprisonment commencing on 24 July 2021 expiring on

23 February 2022.

15.     On the charge of dealing in the proceeds of crime (CC2020/3474), you are convicted

and sentenced to five months’ imprisonment commencing on 24 December 2021 and

expiring on 23 May 2022.

16.    The aggregate sentence which I have imposed is therefore one of 10 months’

imprisonment commencing on 24 July 2021 and expiring on 23 May 2022. The period from 24 July 2021 until yesterday, 16 August 2021, is to be served by way of full-time imprisonment.

17.     The balance will be suspended with a Good Behaviour Order for a period of 15 months from today, 17 August 2021, with a condition that you are to accept the supervision of the Director General responsible for ACT Adult Corrections or that person's delegate for that period of 15 months or such lesser period as deemed appropriate by your supervising officer. You are to undertake counselling, treatment or rehabilitation for mental health issues, drug addiction and gambling as directed by your supervising officer.

I certify that the preceding seventeen [17] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns.

Associate:

Date: 24 August 2021